Suresh Sharma,Suresh Kumar Sharma v. State by Station House Officer
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-21. Suresh Sharma,Suresh Kumar Sharma v. State by Station House Officer. Read the judgment and case...
Judgment text
[3168 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY : PRESENT: THE HON'BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION NO: 5439 OF 2020 Between: Suresh Sharma Suresh Kumar Sharma, S/o. Rameshwar @ Lal Sharma Petitioner/Accused No. 4 AND State by Station House Officer, Prohibition and Excise, Balanagar, Hyderabad. Rep. by Public Prosecutor High Court for the State of Telangana at Hyderabad. Respondent/Complainant Petition under Sections 437 & 439 of Cr. P. C, praying that in the circumstances stated in support ofthe Criminal Petition, the High Court may be pleased to enlarge the petitioner/accused No. 4 on bail in Crime No. 38/2020 of P. S Prohibition and Excise, Balanagar; - The petition coming on for hearing, uppn perusing the Petition filed in support thereof and upon hearing the arguments of Sri S V Ramana Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Coun made the following.
ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN I CRIMINAL PETITION No. 5439 OF 2t 20 ORDER: This is an application for regular bail. The petitioner herein is accused No. 4 in Crime No. 38 of 2O2O of Police Station, Prohibition and Excise, Balangar, Hyderabad. The offence alleged against the petitioner is under Se<:tion 8 (c) read with 20(b) (ii) (B) of the N. D. P. S. Act, 1985. 2. Heard learned counsel for the petitioner and learned Public Proseclrtor. Perused the record. 3. The allegation against the petitioner is that he is the Manager of A. K. Transport. He is relative of accused No. 2, owner of M/s. VRL Packers and Movers. 321. 8 kgs. dry ganja was seized from the possession of accused No. 3. It is further alleged that at the instance of accused No. 1, accused No. 3 prepared fake transport bill in the name of M / s. Naravana Packers and \{overs and transported 12 carton boxes of dry ganja weighing 320 kgs. by mentioning it as 190 kgs. The said M/s.
VR[, Packers and Movers is adjacent to NI/s. A. K. Transport, in ',r,hich the petitioner - accused No. 4 is ',vorkrng as Manager. The respondent's officials, during search in M/s A. K. Transport-, lound a consignment delivery cop1, given by M/s. VRL Packers and Movers represented by Nadunulla Khah alias Sameer alias Tiger and Sanjay Sharma alias I Ajooba. Thus, the petitioner - accused No. 4, Mar-rager of M/s. A. K. Transport, connived r,r,ith other accused, transporting the \ ganja by sho',r,ing less weight and prepared fabricated \ documents in collusion with M/s. VRL Packers and Movers. 4. On instructions, learned Public Prosecutor would submit that Investing Officer has recorded the statements of four rvitnesses including material -"vitnesses. He lvould further submit that except this case, there is no other case pending against the petitioner for the offence under the provisions of the NDPS Act. 5.
A perusal of remand report, panchanama and also crime occurrence report would reveal that contraband was seized from the possession of accused No. 3. The allegation against the petitioner is that he being the relative of accused No. 2, Manager of M/s. A. K. Transport, connived with other accused and transporting the ganja by showing less weight and also on the fabricated documents prepared by M/s. VRL Packers and Movers. Nothing was recovered from the possession of petitioner accused No. 4. - 6. The police have arrested the petitioner on 04. O9. 2020 The Investigating Officer has recorded the statements of four rvitnesses including material u'itnesses. 7. Considering the above aspects, and also the fact that the petitioner is in jail from 04. 09. 2020, this Court is inclined to grant regular bail to the petitioner herein. i --\ 8. Accordingly, the Criminal Petition is allou,ed and the petitioner is, granted regular bail subject to thc follo',ving { condition s: i.
The petitioner shal1 execute a personal bond for a sum of Rs. 25,000/- (Rupees twenty five thousand only) u ith two sureties for the like sum each to the satisfaction of the VII Metropolitan Magistrate, Ranga Reddy District at L. B. Nagar. ii. The petitioner sha11 appear before the Station House Officer, Police Station, Prohibition and Excise, Balangar, Hyderabad, on everyday betu'een 10. 00 AM and 5. 00 PM, till completion of investigation ancl filing of final repc,rt. iii. The petitioner shall cooperate u,ith the Investigating Officer. Miscellaneous petitions pending, if any, shall stand disposed of. L Sd/- K. AMMAJI . \SSISTANT RBG II h^A //TRUE COPY/I SE(]TION OFFICER To, 1 . The Metropolitan Sessions Judge, Ranga Reddy District at L. B. Nagar, Hyderabad 2. The VII Metropolitan Magistrate, L. B. Nagar, Hyderabad 3. The Superintendent, Central Prison, Cherlapally, Ranga Reddy District 4. The Station House Officer, Prohibition and Excise Police Station, Balanagar, Hyderabad 5.
One CC to Sri S V Ramana Advocate [OPUC] 6. Two CC to Public Prosecutor, High Court, Hyderabad (OUT) 7. One spare copy Csk HIGH COURT KLJ DATED:27112/2020 ORDER Dfll1 CRLP. No. 5439 of 2020 CRL. P. ALLOWED
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